Air Plan Approval; Tennessee; Nitrogen Oxides SIP Call Alternative Monitoring and Domtar Paper Company, LLC, 57823-57828 [2024-15396]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Proposed Rules]
[Pages 57823-57828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15396]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0277; FRL-12065-01-R4]


Air Plan Approval; Tennessee; Nitrogen Oxides SIP Call 
Alternative Monitoring and Domtar Paper Company, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Tennessee, through the Tennessee Department of Environment and 
Conservation (TDEC), on June 26, 2023. The June 26, 2023, SIP revision 
would specify monitoring, recordkeeping, and reporting requirements for 
large industrial non-electricity generating units (EGUs) subject to the 
nitrogen oxides (NOX) SIP Call that are permissible as 
alternatives to the monitoring, recordkeeping, and reporting 
requirements. The SIP revision would also establish source-specific 
alternative monitoring, recordkeeping, and reporting requirements under 
the NOX SIP Call for Domtar Paper Company, LLC (Domtar).

DATES: Comments must be received on or before August 15, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0277 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Steven Scofield, Multi-Air Pollutant 
Coordination Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9034. Mr. Scofield can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Under Clean Air Act (CAA or Act) section 110(a)(2)(D)(i)(I), also 
called the good neighbor provision, States are required to address the 
interstate transport of air pollution. Specifically, the good neighbor 
provision requires that each State's implementation plan contain 
adequate provisions to prohibit air pollutant emissions from within the 
State that will significantly contribute to nonattainment of the 
national ambient air quality standards (NAAQS), or that will interfere 
with maintenance of the NAAQS, in any other State.
    On October 27, 1998 (63 FR 57356), EPA finalized the ``Finding of 
Significant Contribution and Rulemaking for Certain States in the Ozone 
Transport Assessment Group Region for Purposes of Reducing Regional 
Transport of Ozone'' (NOX SIP Call). The NOX SIP 
Call required Eastern States, including Tennessee, to submit SIPs 
limiting emissions of ozone season NOX by implementing 
statewide emissions budgets. The NOX SIP Call addressed the 
good neighbor provision for the 1979 ozone NAAQS and was designed to 
mitigate the impact of transported NOX emissions, one of the 
precursors of ozone.\1\ EPA developed the NOX Budget Trading 
Program, an allowance trading program that States could adopt to meet 
their obligations under the NOX SIP Call. This trading 
program allowed the following sources to participate in a regional cap 
and trade program: generally, electricity generating units (EGUs) with 
capacity greater than 25 megawatts (MW); and large industrial non-EGUs, 
such as boilers and combustion turbines, with a rated heat input 
greater than 250 million British thermal units per hour (MMBtu/hr). The 
NOX SIP Call also identified available cost-effective 
emissions reductions from cement kilns and stationary internal 
combustion engines in establishing total, statewide emissions budgets, 
although EPA suggested that States regulate these sources through 
mechanisms other than the trading program.
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    \1\ As originally promulgated, the NOX SIP Call also 
addressed good neighbor obligations under the 1997 8-hour ozone 
NAAQS, but EPA subsequently stayed and later rescinded the rule's 
provisions with respect to that standard. See 65 FR 56245 (September 
18, 2000); 84 FR 8422 (March 8, 2019).
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    To comply with the NOX SIP Call requirements, in 2000 
and 2001, TDEC submitted a revision to add new rule sections to the 
SIP-approved version of Chapter 1200-3-27, Nitrogen Oxides, of the 
Tennessee Rules. EPA approved the revision as compliant with Phase I of 
the NOX SIP Call in 2004. See 69 FR 3015 (January 22, 2004). 
The approved revision required EGUs and large non-EGUs in the State to 
participate in the NOX Budget Trading Program beginning in 
2004. In 2005, Tennessee submitted, and EPA approved, a SIP revision to 
address additional emissions reductions required for the NOX 
SIP Call under Phase II. See 70 FR 76408 (December 27, 2005).
    In 2005, EPA published the Clean Air Interstate Rule (CAIR), which 
required several Eastern States, including Tennessee, to submit SIPs 
that prohibited emissions consistent with revised ozone season 
NOX budgets (as well as annual budgets for NOX 
and sulfur dioxide). See 70 FR 25162 (May 12, 2005); see also 71 FR 
25328 (April 28, 2006). CAIR addressed the good neighbor provision for 
the 1997 ozone NAAQS and 1997 fine particulate

[[Page 57824]]

matter (PM2.5) NAAQS and was designed to mitigate the impact 
of transported NOX emissions with respect to ozone and 
PM2.5. CAIR established several trading programs that States 
could join through SIPs or EPA would implement through Federal 
implementation plans (FIPs) for EGUs greater than 25 MW in each 
affected State; States also retained the option to submit SIPs that 
achieved the required emission reductions from other types of 
sources.\2\ When the CAIR trading program for ozone season 
NOX was implemented beginning in 2009, EPA discontinued 
administration of the NOX Budget Trading Program; however, 
the requirements of the NOX SIP Call continued to apply. For 
large non-EGUs that would have been covered under the NOX 
Budget Trading Program, States were allowed, but not obligated, to 
achieve the required emissions reductions from these types of units by 
including the units in the CAIR trading program for ozone season 
NOX.
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    \2\ CAIR had separate trading programs for annual sulfur dioxide 
(SO2) emissions, seasonal NOX emissions, and 
annual NOX emissions.
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    On November 25, 2009 (74 FR 61535), EPA approved revisions to 
Tennessee's SIP that used the CAIR trading program for ozone season 
NOX to address the State's obligations under the 
NOX SIP Call related to non-EGUs. Consistent with CAIR's 
requirements, EPA approved a SIP revision in which Tennessee 
regulations: (1) Terminated its NOX Budget Trading Program 
requirements, and (2) adopted State rule provisions modifying certain 
provisions of the CAIR FIP applicable to Tennessee to include the 
State's non-EGUs that would have been covered by the NOX 
Budget Trading Program in the Federal CAIR trading program for ozone 
season NOX instead. See 74 FR 61535. In this manner, 
participation of EGUs in the CAIR ozone season NOX trading 
program pursuant to a FIP addressed the State's obligation under the 
NOX SIP Call for those units, and Tennessee also chose to 
meet the State's obligations as to non-EGUs subject to the 
NOX SIP Call by requiring those units to participate in the 
same CAIR trading program pursuant to the SIP.
    The United States Court of Appeals for the District of Columbia 
Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately 
remanded the rule to EPA without vacatur to preserve the environmental 
benefits provided by CAIR. See North Carolina v. EPA, 531 F.3d 896, 
modified on rehearing, 550 F.3d 1176 (D.C. Cir. 2008). The ruling 
allowed CAIR to remain in effect temporarily until a replacement rule 
consistent with the court's opinion was developed. While EPA worked on 
developing a replacement rule, the CAIR program continued to be 
implemented, with the NOX annual and ozone season trading 
programs beginning in 2009 and the SO2 annual trading 
program beginning in 2010.
    Following the D.C. Circuit's remand of CAIR, EPA promulgated the 
Cross-State Air Pollution Rule (CSAPR) to replace CAIR and address good 
neighbor obligations for the 1997 ozone NAAQS, the 1997 
PM2.5 NAAQS, and the 2006 PM2.5 NAAQS. See 76 FR 
48208 (August 8, 2011). Through FIPs, CSAPR required EGUs in Eastern 
States, including Tennessee, to meet annual and ozone season 
NOX emission budgets and annual SO2 emission 
budgets implemented through new trading programs. Implementation of 
CSAPR began on January 1, 2015.\3\ CSAPR also contained provisions that 
would sunset CAIR-related obligations on a schedule coordinated with 
the implementation of the CSAPR compliance requirements. Participation 
by a State's EGUs in the CSAPR trading program for ozone season 
NOX generally addressed the State's obligation under the 
NOX SIP Call for EGUs. CSAPR did not initially contain 
provisions allowing States to incorporate large non-EGUs into that 
trading program to meet the requirements of the NOX SIP Call 
for non-EGUs. EPA also stopped administering CAIR trading programs with 
respect to emissions occurring after December 31, 2014.\4\
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    \3\ See 79 FR 71663 (December 3, 2014).
    \4\ See 79 FR 71663 (December 3, 2014) and 81 FR 13275 (March 
14, 2016).
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    Through a letter to EPA dated February 27, 2017,\5\ Tennessee 
provided a SIP revision to incorporate a new provision--TACPR 1200-03-
27-.12, ``NOX SIP Call Requirements for Stationary Boilers 
and Combustion Turbines'' (TN 2017 NOX SIP Call Rule)--into 
the SIP. The TN 2017 NOX SIP Call Rule established a State 
control program for sources that are subject to the NOX SIP 
Call, but not covered under CSAPR or the CSAPR Update (background 
regarding the CSAPR Update is provided later in this notice). The TN 
2017 NOX SIP Call Rule contains several subsections that 
together comprise a non-EGU control program under which Tennessee will 
allocate a specified budget of allowances to affected sources. 
Subsequently, on May 11, 2018, and October 11, 2018, Tennessee 
submitted letters requesting conditional approval \6\ of the TN 2017 
NOX SIP Call Rule and committing to provide a SIP revision 
to EPA by December 31, 2019, to address a deficiency by revising the 
definition of ``affected unit'' to remove the unqualified exclusion for 
any unit that serves a generator that produces power for sale. Based on 
the State's commitment to submit a SIP revision addressing the 
identified deficiency, EPA conditionally approved the February 27, 
2017, submission. In the same action, EPA approved removal of the 
State's NOX Budget Trading Program and CAIR rules from 
Tennessee's SIP. See 84 FR 7998 (March 6, 2019).
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    \5\ EPA notes that it received the submittal on February 28, 
2017.
    \6\ Under CAA section 110(k)(4), EPA may conditionally approve a 
SIP revision based on a commitment from a State to adopt specific 
enforceable measures by a date certain, but not later than one year 
from the date of approval. If the State fails to meet the commitment 
within one year of the final conditional approval, the conditional 
approval will be treated as a disapproval.
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    Tennessee submitted a SIP revision on December 19, 2019, which 
revised Tennessee Air Pollution Control Regulation (TAPCR) 1200-03-
27-.12, ``NOX SIP Call Requirements for Stationary Boilers 
and Combustion Turbines'' to correct the definition of ``affected 
unit'' and to clarify requirements related to stationary boilers and 
combustion turbines. On March 2, 2021 (86 FR 12092), EPA published a 
final rule approving the SIP revision. EPA also converted the 
conditional approval of the TN 2017 NOX SIP Call Rule to a 
full approval. See EPA's March 2, 2021, final rule (86 FR 12092) for 
further detail on these changes and EPA's rationale for approving them.
    After litigation that reached the Supreme Court, the D.C. Circuit 
generally upheld CSAPR but remanded several State budgets to EPA for 
reconsideration. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118, 
129-30 (D.C. Cir. 2015). EPA addressed the remanded ozone season 
NOX budgets in the Cross-State Air Pollution Rule Update for 
the 2008 Ozone NAAQS (CSAPR Update), which also partially addressed 
Eastern States' good neighbor obligations for the 2008 ozone NAAQS. See 
81 FR 74504 (October 26, 2016). The air quality modeling for the CSAPR 
Update demonstrated that Tennessee contributes significantly to 
nonattainment and/or interferes with maintenance of the 2008 ozone 
NAAQS in other States. The CSAPR Update reestablished an option for 
most States to meet their ongoing obligations for non-EGUs under the 
NOX SIP Call by including the units in the CSAPR Update 
trading program.

[[Page 57825]]

    The CSAPR Update trading program replaced the original CSAPR 
trading program for ozone season NOX for most covered 
States. Tennessee's EGUs participate in the CSAPR Update trading 
program, which generally also addresses the State's obligations under 
the NOX SIP Call for EGUs. However, Tennessee elected not to 
include its large non-EGUs in the CSAPR Update ozone season trading 
program. Because Tennessee's large non-EGUs do not participate in any 
CSAPR or CSAPR Update trading program for ozone season NOX 
emissions, the NOX SIP Call regulations at 40 CFR 
51.121(r)(2), as well as anti-backsliding provisions at 40 CFR 
51.905(f) and 40 CFR 51.1105(e), require these non-EGUs to maintain 
compliance with NOX SIP Call requirements in some other way.
    Under 40 CFR 51.121(f)(2) of the NOX SIP Call 
regulations, where a State's implementation plan contains control 
measures for EGUs and large non-EGU boilers and combustion turbines, 
the SIP must contain enforceable limits on the ozone season 
NOX emissions from these sources that ensure compliance with 
the State's budget. In addition, under 40 CFR 51.121(i)(4) of the 
NOX SIP Call regulations as originally promulgated, the SIP 
also had to require these sources to monitor emissions according to the 
provisions of 40 CFR part 75, which generally entails the use of 
continuous emission monitoring systems. Tennessee triggered these 
requirements by including control measures in its SIP for these types 
of sources.
    On March 8, 2019, EPA revised some of the regulations that were 
originally promulgated in 1998 to implement the NOX SIP 
Call.\7\ The revision gave States covered by the NOX SIP 
Call greater flexibility concerning the form of the NOX 
emissions monitoring requirements that the States must include in their 
SIPs for certain emissions sources. The revision amended 40 CFR 
51.121(i)(4) to make part 75 monitoring, recordkeeping, and reporting 
optional, such that SIPs may establish alternative monitoring 
requirements for NOX SIP Call budget units that meet the 
general requirements of 40 CFR 51.121(f)(1) and (i)(1). Under the 
updated provision, a State's implementation plan still needs to include 
some form of emissions monitoring requirements for these types of 
sources, consistent with the NOX SIP Call's general 
enforceability and monitoring requirements at 40 CFR 51.121(f)(1) and 
(i)(1), respectively, but States are no longer required to satisfy 
these general NOX SIP Call requirements specifically through 
the adoption of 40 CFR part 75 monitoring requirements.
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    \7\ See ``Emissions Monitoring Provisions in State 
Implementation Plans Required Under the NOX SIP Call,'' 
84 FR 8422 (March 8, 2019).
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II. Why is EPA proposing this action?

    TDEC's June 26, 2023, submission requests that EPA approve into 
Tennessee's SIP TAPCR 1200-03-27-.12(11), which became effective as a 
matter of State law (hereinafter, ``State effective'') on November 24, 
2022, to specify alternative NOX monitoring, recordkeeping, 
and reporting requirements for large industrial non-EGUs subject to the 
NOX SIP Call that are permissible as alternatives to the 
monitoring, recordkeeping, and reporting requirements of 40 CFR part 
75. The June 26, 2023, submittal also requests that EPA approve into 
Tennessee's SIP Tennessee Air Pollution Control Board operating permit 
No. 079291 for Domtar, State effective on January 12, 2022, to 
establish alternative NOX monitoring, recordkeeping, and 
reporting requirements for the No. 2 Power Boiler at this facility, as 
meeting the requirements of 40 CFR 51.121(i). The submission also 
includes a demonstration under CAA section 110(l) intended to show that 
these revisions would not interfere with any applicable requirement 
concerning attainment and reasonable further progress or any other 
applicable requirement of the CAA. As discussed later, EPA has reviewed 
these changes, finds them consistent with the CAA and regulations 
governing the NOX SIP Call, and is proposing to approve the 
revision to incorporate the revisions to TAPCR 1200-03-27-.12(11) and 
Tennessee Air Pollution Control Board operating permit No. 079291 for 
Domtar into the State's implementation plan. Adopting TAPCR 1200-03-
27-.12(11) into Tennessee's SIP would also allow EPA to convert 
conditional approval actions for Packaging Corporation of America (88 
FR 8771; February 10, 2023) and Eastman Chemical Company (88 FR 14276; 
March 8, 2023) to full approval.

III. Analysis of Tennessee's Submission

A. TAPCR 1200-03-27-.12(11)

    On June 26, 2023, TDEC submitted a SIP revision with changes to 
TAPCR 1200-03-27-.12(11) to modify monitoring, recordkeeping, and 
reporting requirements for large industrial non-EGUs subject to the 
NOX SIP Call. The version of TAPCR 1200-03-27-.12(11) that 
is currently approved in Tennessee's SIP requires non-EGUs subject to 
the NOX SIP Call to ``comply with the applicable monitoring, 
recordkeeping, and reporting requirements provided in 40 CFR part 75 
for each control period.'' TAPCR 1200-03-27-.12(11)(b) within 
Tennessee's current SIP-approved rule restates the part 75 provision at 
40 CFR 75.70(h)(3) that allows a source subject to part 75 to petition 
TDEC and EPA to authorize alternatives to individual part 75 
monitoring, recordkeeping, or reporting requirements, but the current 
rule does not authorize approval of any alternative to the requirements 
of 40 CFR part 75 in their entirety. In previous actions cited in 
section II of this document, EPA conditionally approved source-specific 
alternative, recordkeeping, and reporting requirements for two 
Tennessee sources for purposes of the NOX SIP Call, subject 
to TDEC's commitment to modify the provisions of TAPCR 1200-03-
27-.12(11) to specify permissible alternative monitoring, 
recordkeeping, and reporting requirements for large industrial non-
EGUs. The amended version of TAPCR 1200-03-27-.12(11) included in the 
June 26, 2023, SIP revision is intended to satisfy this commitment.
    In its submittal, TDEC proposes to replace all text in paragraph 
(11), Monitoring and Reporting, of TAPCR 1200-03-27-.12 with new text 
establishing monitoring, recordkeeping, and reporting for large 
industrial non-EGUs subject to the NOX SIP Call. Under this 
revised text, as a default, affected units would be required to use the 
``monitoring, recordkeeping, and reporting requirements set out in 40 
CFR part 75 Subpart H,'' as under the current rule. This methodology 
generally requires the use of a suite of continuous emission monitoring 
systems (CEMS), with several alternate options for sources that meet 
certain qualification requirements and contains detailed recordkeeping 
and reporting requirements.\8\
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    \8\ In October 1998, EPA added Subpart H to part 75, which 
provided a blueprint for the monitoring and reporting of 
NOX mass emissions and heat input under a State or 
Federal NOX emissions reduction program. Subpart H was 
first adopted as the required monitoring methodology for 
NOX mass emissions and heat input under the 
NOX Budget Trading Program, discussed above.
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    Apart from this default methodology, sources would also be 
authorized to use alternative methodologies specified in TAPCR 1200-03-
27-.12(11)(a). The first alternative is the methodology in 40 CFR 60 
subpart D to determine the NOX emission rate in lb/MMBtu, 
multiplied by measured fuel consumption in MMBtu to determine 
NOX mass emissions. Pursuant to 40 CFR 60.45(a), this 
methodology requires that the NOX emission rate would be 
calculated from

[[Page 57826]]

part 60 CEMS measurements using Method 19 in appendix A to 40 CFR part 
60.
    The second alternative is the methodology in 40 CFR 60 subpart Db 
to determine NOX emission rate in lb/MMBtu, multiplied by 
measured fuel consumption in MMBtu to determine NOX mass 
emissions. This methodology likewise requires use of CEMS measurements 
to calculate NOX emission rate using method 19 in appendix A 
to 40 CFR part 60.
    The third alternative allows for an alternative monitoring method 
separately approved by EPA through a revision to Tennessee's SIP. 
Although the revised version of TAPCR 1200-03-27-.12(11)(a) allows for 
an alternative methodology approved by EPA into Tennessee's SIP as one 
of the three ``approved'' alternate monitoring methods, this 
methodology will not be discussed further in this Notice because it 
requires an entirely separate SIP revision approved by EPA.
    Under the revised version of TAPCR 1200-03-27-.12(11)(a), any of 
the approved alternatives to the default methodology would become 
effective only upon incorporation into a federally enforceable 
construction or operating permit. Therefore, revised TAPCR 1200-03-
27-.12(11)(c) also requires a source seeking to use either of the 40 
CFR part 60 alternatives described above to submit a permit application 
to TDEC that includes ``a description of the overall monitoring program 
for conducting continuous in-stack monitoring for NOX 
emissions.'' ``To be approvable, the program must address'' items such 
as technical instrument specifications, location of monitoring 
instruments in the effluent gas stream, quality assurance procedures, 
and other items to allow TDEC to confirm that any application, if 
approved, would comply with the requirements of 40 CFR part 60, subpart 
D or 40 CFR part 60, subpart Db.
    Additionally, the revised version of TAPCR 1200-03-27-.12(11) 
requires sources subject to this rule that use an alternative 
monitoring method to calculate NOX mass emissions (in tons) 
for each control period and report the total to the Technical Secretary 
no later than December 31 following the end of the control period, with 
the Technical Secretary reporting the total to EPA no later than 
January 31 following the end of each control period.
    Section 110(l) of the CAA prohibits EPA from approving a SIP 
revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable requirement of the CAA. In its submittal, TDEC includes a 
demonstration in accordance with section 110(l) of the CAA that the 
proposed revision would not interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable requirement of the CAA. Tennessee's demonstration concludes 
that the proposed changes are compliant with section 110(l) of the CAA 
because: (1) Tennessee's review of all non-EGUs subject to the 
NOX SIP Call demonstrates that NOX emissions for 
the collection of affected facilities are well below the State's 
NOX budget for the facilities under TAPCR 1200-03-27-.12(5) 
of 5,666 tons (for example, the facilities' emissions during the 2019 
ozone season were approximately 33% of this NOX budget); and 
(2) the alternative monitoring requirements would be permanent, 
enforceable, and sufficient to determine whether the sources are in 
compliance with the NOX SIP Call emissions requirements. EPA 
is proposing to agree with Tennessee's rationale summarized above and 
the conclusion that the proposed revision satisfies CAA section 110(l).
    In order to address the requirements of the NOX SIP Call 
for sources that are not covered under a CSAPR trading program for 
ozone season NOX emissions, SIP revisions must provide for 
enforceable emissions limitations and require emissions monitoring 
consistent with the NOX SIP Call's general enforceability 
and monitoring requirements.\9\ See 40 CFR 51.121(f)(2). EPA is 
proposing to find that with the amendments to TAPCR 1200-03-27-.12(11) 
included in TDEC's June 26, 2023, submittal, TAPCR 1200-03-27-.12 
continues to meet the requirements in 40 CFR 51.121(f)(2) and all other 
requirements of the CAA, including 40 CFR 51.121(i)(1) and (4). Thus, 
EPA is proposing to approve the amendments to TAPCR 1200-03-27-.12(11), 
state effective November 24, 2022,\10\ pursuant to CAA section 
110(k)(3).
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    \9\ See 40 CFR 51.121(f)(2)(ii) and 51.121(i)(4).
    \10\ On November 16, 2023, TDEC emailed EPA an addendum to its 
SIP submittal containing the signed version of TAPCR 1200-03-
27-.12(11), State effective November 24, 2022. TDEC's original June 
26, 2023, SIP submittal to EPA previously included only an unsigned 
version of this rule. TDEC's November 16, 2023, email to EPA, and 
the signed version of TAPCR 1200-03-27-.12(11), State effective 
November 24, 2022, are contained in the regulatory docket for this 
Notice.
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B. Domtar Paper Company, LLC

    On August 13, 2021, Domtar submitted a petition to TDEC requesting 
approval of alternative monitoring, recordkeeping, and reporting 
requirements for the boiler subject to the NOX SIP Call (No. 
2 Power Boiler) at Domtar's Kingsport Mill. That petition resulted in 
TDEC's issuance of operating permit No. 079291 to Domtar, State 
effective on January 12, 2022, to address NOX SIP Call 
requirements and to adopt an alternative monitoring option (along with 
corresponding recordkeeping and reporting requirements) for this large 
non-EGU. This permit has been submitted by TDEC for approval into 
Tennessee's SIP. The permit conditions within this permit are 
consistent with the flexibility provided to States in the EPA's March 
8, 2019 (84 FR 8422) rulemaking concerning the form of the 
NOX emissions monitoring requirements that the States must 
include in their SIPs for certain emissions sources, such as Domtar, to 
comply with the NOX SIP Call, as required at 40 CFR 
51.121(i)(4).\11\
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    \11\ TDEC previously included the Domtar permit in a January 20, 
2022, SIP submittal. At that time TDEC had not yet submitted the 
modifications to TAPCR 1200-03-27-.12(11) discussed in section III.A 
of this document, and in the absence of those rule revisions, EPA 
proposed to conditionally approve the permit into the SIP. See 88 FR 
13394 (March 3, 2023). TDEC subsequently withdrew the January 20, 
2022, SIP submittal and instead included the permit in the June 26, 
2023, SIP submittal together with the modifications to TAPCR 1200-
03-27-.12(11).
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    Specifically, operating permit Condition 1 provides that this 
source's compliance with Tennessee's rules implementing the 
NOX SIP Call is met through compliance with operating permit 
Conditions 2 through 5. Operating permit Condition 2 provides that 
Domtar may demonstrate compliance with Tennessee Rule 1200-03-27-.12 by 
monitoring NOX emissions from the No. 2 Power Boiler using 
the monitoring methodologies for NOX emission rate set forth 
in 40 CFR part 60, appendix B, in combination with monitoring of heat 
input. Specifically, Performance Specification 2 within 40 CFR part 60, 
appendix B would apply. This Performance Specification provides 
detailed specifications and test procedures for NOX CEMS in 
stationary sources, including procedures for measuring CEMS relative 
accuracy and calibration drift, CEMS installation and measurement 
location specifications, equipment specifications, performance 
specifications, and data reduction procedures.
    Operating permit Condition 3 requires that Domtar submit a program 
for conducting continuous in-stack monitoring for NOX mass 
emissions for approval by TDEC in accordance with the requirements of 
40 CFR part 60, appendix B. To be approvable by TDEC, the program shall 
address the following:

[[Page 57827]]

    (a) A description of the overall monitoring program;
    (b) Specifications demonstrating that the proposed monitoring 
instruments will meet the requirements of 40 CFR part 60, appendix B;
    (c) Specifications for the proposed fuel flow meter and a 
discussion of how the fuel Btu content will be determined;
    (d) Proposed location(s) of the monitoring instruments on the 
boiler effluent gas stream;
    (e) Proposed procedures for conducting performance specification 
testing of the monitoring instruments in units of the applicable 
standard (i.e., NOX mass emissions);
    (f) Proposed ongoing monitoring instrument quality assurance 
procedures (40 CFR part 60, appendix F or approved alternative);
    (g) Procedures for addressing missing data (40 CFR part 75, 
appendix C, appendix F or approved alternative); and
    (h) Proposed format for the reporting of data.

Condition 3 will allow TDEC to assess the technical aspects of the 
monitors that the source would be installing to ensure compliance with 
40 CFR 60, appendix B.
    Operating permit Condition 4 requires Domtar to calculate 
NOX mass emissions (in tons) for each control period and 
report the total to TDEC no later than December 31 following the end of 
the control period. Further, Condition 4 requires that NOX 
emission rates shall be calculated from continuous emissions monitoring 
system (CEMS) measurements using Method 19 in appendix A-7 to 40 CFR 
part 60.
    Operating permit Condition 5 requires Domtar to maintain records of 
all measurements; all continuous monitoring system performance 
evaluations; all continuous monitoring system or monitoring device 
calibration checks; adjustments and maintenance performed on these 
systems or devices; and all other information required by this part 
recorded in a permanent form suitable for inspection. These records 
shall be retained for at least five years following the end of the 
control period in which such measurements, maintenance, reports, and 
records were collected.
    In its submittal, TDEC includes a demonstration in accordance with 
section 110(l) of the CAA that the proposed source-specific SIP 
revision for Domtar would not interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable requirement of the CAA. Tennessee's demonstration explains 
that the proposed changes are compliant with section 110(l) of the CAA 
because: (1) As a newly constructed affected unit, TDEC calculated 
pursuant to the SIP-approved version of TAPCR 1200-03-27-.12(6) that 
the NOX allowance allocation for the No. 2 Power Boiler 
would be 160 tons per control period based on construction permit No. 
978656, Condition S2-4.F (establishing NOX emission limit of 
0.10 lb/MMBtu), which would be 2.8 percent of Tennessee's 
NOX budget of 5,666 tons; (2) revising the monitoring method 
will not increase NOX emissions; (3) Tennessee's review of 
all non-EGUs subject to the NOX SIP Call demonstrates that 
NOX emissions for the collection of affected facilities are 
well below the State's NOX budget; and (4) the alternative 
monitoring requirements would be permanent, enforceable, and sufficient 
to determine whether the source is in compliance with the 
NOX SIP Call emissions requirements. EPA preliminarily 
agrees with Tennessee's rationale summarized above and the conclusion 
that the proposed revision would not interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the CAA.
    In order to address the requirements of the NOX SIP Call 
for sources that are not covered under a CSAPR trading program for 
ozone season NOX emissions, SIP revisions must provide for 
enforceable emissions limitations and require emissions monitoring 
consistent with the NOX SIP Call's general enforceability 
and monitoring requirements. EPA is proposing to find that TDEC's 
submittal meets these requirements and all other applicable 
requirements of the CAA, including 40 CFR 51.121(i)(1) and (4). Thus, 
EPA is proposing to approve TDEC operating permit No. 079291, State 
effective on January 12, 2022, into Tennessee's SIP pursuant to CAA 
section 110(k)(3).

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, and as discussed in sections I 
through III of this preamble, EPA is proposing to incorporate by 
reference TAPCR 1200-03-27-.12(11), State effective on November 24, 
2022, into Tennessee's SIP. EPA is also proposing to incorporate by 
reference Tennessee Air Pollution Control Board operating permit No. 
079291 for Domtar, State effective on January 12, 2022. EPA has made, 
and will continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 Office (please contact the 
person identified in the For Further Information Contact section of 
this preamble for more information).

V. Proposed Action

    EPA is proposing to approve TAPCR 1200-03-27-.12(11), State 
effective November 24, 2022, and Tennessee Air Pollution Control Board 
operating permit No. 079291 for Domtar, State effective on January 12, 
2022, for incorporation into the Tennessee SIP. These changes were 
submitted by Tennessee on June 26, 2023.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely proposes to approve State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement

[[Page 57828]]

Act of 1995 (15 U.S.C. 272 note) because application of those 
requirements would be inconsistent with the Clean Air Act.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have Tribal implications and will not impose 
substantial direct costs on Tribal governments or preempt Tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    TDEC did not evaluate environmental justice considerations as part 
of its SIP submittal; the CAA and applicable implementing regulations 
neither prohibit nor require such an evaluation. EPA did not perform an 
EJ analysis and did not consider EJ in this proposed action. Due to the 
nature of the action being proposed here, this proposed action is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
proposed action, and there is no information in the record inconsistent 
with the stated goal of E.O. 12898 of achieving environmental justice 
for people of color, low-income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: July 9, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-15396 Filed 7-15-24; 8:45 am]
BILLING CODE 6560-50-P